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<p><font face="Arial, Helvetica, sans-serif">06 May 2004. </font> </p>
<p><font face="Arial, Helvetica, sans-serif">Proposed <a href="http://gnso.icann.org/meetings/agenda-gnso-06may04.htm">agenda
and related documents</a><br>
</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>List of attendees:</b><br>
Philip Sheppard - Commercial & Business users C.<br>
Marilyn Cade - Commercial & Business users C.<br>
Grant Forsyth - Commercial & Business users C. <br>
Greg Ruth - ISCPC - absent<br>
Antonio Harris - ISCPC - absent, apologies, proxy to Greg Ruth<br>
Tony Holmes - ISCPC - absent, apologies, proxy to Greg Ruth<br>
Thomas Keller- Registrars <br>
Ross Rader - Registrars <br>
Bruce Tonkin - Registrars <br>
Ken Stubbs - gTLD registries<br>
Philip Colebrook - gTLD registries<br>
Cary Karp - gTLD registries<br>
Lucy Nichols - Intellectual Property Interests C - absent - apologies<br>
Niklas Lagergren - Intellectual Property Interests C - absent - apologies, proxy
to Kiyoshi Tsuru/Lucy Nichols<br>
Kiyoshi Tsuru - Intellectual Property Interests C. - absent<br>
Jisuk Woo - Non Commercial users C. - ( joined after roll call)<br>
Marc Schneiders - Non Commercial users C.- absent, apologies, proxy to Jisuk
Woo <br>
Carlos Afonso - Non Commercial users C. - absent, apologies, proxy to Jisuk
Woo <br>
Alick Wilson - absent<br>
Demi Getschko - absent<br>
Amadeu Abril I Abril</font><br>
</p>
<p><font face="Arial, Helvetica, sans-serif">11 Council Members<br>
</font><font face="Arial, Helvetica, sans-serif"><br>
Barbara Roseman - ICANN Staff Manager<br>
<br>
Thomas Roessler - ALAC Liaison<br>
Suzanne Sene - GAC Liaison<br>
Young-Eum Lee - ccTLD Liaison</font></p>
<p><font face="Arial, Helvetica, sans-serif">The WHOIS Task Force Chairs were
asked to join the call.<br>
<br>
Jeff Neuman - WHOIS Task Force 1 Chair absent - apologies<br>
Jordyn Buchanan - Whois Task Force 2 - absent<br>
Brian Darville - WHOIS Task Force 3 Chair <br>
<br>
<br>
Glen de Saint Géry - GNSO Secretariat<br>
<br>
</font><font face="Arial, Helvetica, sans-serif"><a href="http://gnso-audio.icann.org/GNSO-Council-20040506.mp3">MP3
Recording</a><br>
Quorum present at 12:10 UTC,<br>
<br>
<b>Bruce Tonkin </b>chaired this teleconference. <br>
<br>
<b>Item 1: Approval of Agenda </b><br>
<br>
Agenda approved <br>
</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Item 2: Summary of the April 1,
2004 minutes<br>
</b>Deferred until GNSO Council teleconference, June 10, 2004<b>.<br>
<br>
Item 3: Update on WHOIS task forces <br>
Receive an update from the WHOIS task force chairs, Jeff Neuman, Jordyn Buchanan,
Brian Darville <br>
- status of constituency statements <br>
- next steps <br>
- possible recommendations<br>
</b> <br>
<b>Jeff Neuman, </b> task force 1 chair's apologies for being absent were noted
and a <a href="http://gnso.icann.org/mailing-lists/archives/council/msg00452.html">report</a>
was provided in which an extension in time was requested for the preliminary
report.<br>
<b>Tom Keller, </b>in<b> Jordyn Buchanan's</b>, absence reported that the Whois
task force 2 was making good progress but that at least another week was needed
to complete the preliminary report.<br>
<b>Brian Darville</b>, task force 3 chair supported an extension and a deadline
where all 3 task forces would produce reports at the same time. A substantive
section of the report deals with recommendations addressing best practices and
further work required on the issue.<br>
<br>
<b>Bruce Tonkin</b> had consulted with John Jeffrey and reported that if final
recommendations were to be made before the ICANN meetings in Kuala Lumpur, the
report would have to be submitted to the ICANN Board 45 days before the Board
meeting.<br>
He proposed extending the deadline for the preliminary reports to the end of
May , followed by the prescribed public comment period so that in early July
the reports could be updated in response to the public comments and presented
to the GNSO Council for consideration at the Kuala Lumpur meeting.<br>
<b>Bruce Tonkin</b>, seconded by <b>Ross Rader</b> proposed:<br>
That the Whois task forces' timing for producing their first reports be extended
to May 28, 2004 and that a joint task force meeting be scheduled for 2 weeks
time. </font><font face="Arial, Helvetica, sans-serif"><br>
<br>
The motion carried unanimously</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Decision 1: The deadline for the
submission of preliminary reports for the three Whois task forces be extended
to May 28, 2004 and that a joint task force meeting take place before the deadline.<br>
</b><br>
<b>Item 3: Update on PDP for approval process for gtld registry changes <br>
Receive an update from the GNSO Committee chair (Bruce Tonkin) <br>
<br>
Bruce Tonkin</b> gave a high level summary of <a href="http://gnso.icann.org/mailing-lists/archives/reg-com/msg00014.html">questions</a>
he had discussed with John Jeffrey, ICANN General Counsel.<br>
<br>
<b>1. The approval process:</b><br>
<br>
<b>In the approval process did the ICANN Board need to approve a change or could
the ICANN staff approve the change directly?</b><br>
The key question for ICANN staff would be "is the contractual change a material
change?" A material change would require ICANN Board approval. <br>
In most of the instances involving a Quick Look Process or Detailed Review Process,
where competition or technical advice is required, a contractual change is likely
to require the ICANN Board's approval. The staff would be able to give approval
to a proposal which was consistent with a clear existing ICANN policy or consistent
with a previous Board decision. <br>
<br>
<b>What sort of notice did the ICANN Board require to make a decision?</b><br>
<br>
Notice of a motion would be put out 45 days prior to the Board meeting, with
30 Days for public comment. The public comment would be summarized and included
with the Board motion and presented to the Board members at least two weeks
before the Board meeting.</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b><br>
2. The criteria for evaluation:</b><br>
It was Counsel's opinion that all the criteria could be framed under the headings:<br>
a. Technical - would the change affect the stability, interoperability or security
of the Internet<br>
b. Competition - would the change have an impact on competition in the general
sense.<br>
The criteria discussed by the Council in Rome could all be included as guidelines
of issues for ICANN staff to consider when reviewing technical or competition
aspects of the proposed change. <br>
<br>
<b>3. Appeals process</b><br>
<br>
Counsel felt that the reconsideration process in the existing bylaws would apply.<br>
There were already several processes in place, such as the dispute resolution
provisions in the registry agreements, the reconsideration process in the ICANN
bylaws, and the court of law under which the jurisdiction for the contracts
fell and other mechanisms. Adding yet another appeal process would not add much
value.<br>
<br>
<b>Bruce Tonkin</b> proposed updating the <a href="http://gnso.icann.org/issues/registry-services/">diagrams</a>
of 5 May, 2004, to explicitly include the ICANN Board approval step as well
as the timing factor and inviting General Counsel to participate in a GNSO Council
committee teleconference on the Policy Development Process for the approval
process for gTLD registry changes.<br>
<br>
<b>Item 5: Re-assignment of .net <br>
Receive an update from the .net Council subcommittee<br>
<br>
Philip Sheppard, </b>.net Council subcommittee chair, reported that there had
been a few teleconferences and mailing list exchanges in which all <br>
the subcommittee members had participated,<br>
Commercial and Business Users Constituency: Philip Sheppard <br>
Noncommercial Users Constituency: Marc Schneiders <br>
Registrars Constituency: Ross Rader <br>
gTLD Registries Constituency: Cary Karp <br>
Intellectual Property Interests Constituency: Lucy Nichols <br>
The Internet Service Providers and Connectivity Providers Constituency: Tony
Holmes<br>
ALAC Liaison to the GNSO Council: Thomas Roessler<br>
<br>
The first draft report listed the criteria to be considered under 6 headings:<br>
<br>
1. Criteria related to the targeting of the domain <br>
Dot net should remain un-sponsored. <br>
Dot net should remain un-chartered. <br>
<br>
2. Criteria relating to stability: technical and financial competence<br>
The current .net registry agreement; efficiency and reliability, a baseline
for the functional capabilities and performance specifications to handle potential
migration issues, name service resolution time should not exceed the current
time for existing .net name service resolution and the minimum financial stability
should be required.<br>
<br>
3. Criteria related to promotion of competition <br>
Maximization of consumer choice, pricing, innovation and new services should
be considered.<br>
<br>
4. Criteria related to existing registry services such as the pending Verisign
wait list service, the redemption grace period and the migration of the test-bed
internationalised domain names. Applicants should be asked "Does the applicant
wish to maintain all existing registry services?" If yes, please provide specifics
and demonstrate the technical and legal ability of the registry to maintain
existing services. If no, please expand on any issues relating to the withdrawal
of such services. <br>
<br>
5.Continuity<br>
Grand fathering where existing registrants should not be penalised by changes
in policy as a result of this process and should be entitled to maintain their
registrations on terms materially consistent with their existing contracts under
current policy, including the right to transfer a .net domain to another party.
<br>
<br>
6. Policy compliance <br>
Consensus policies of ICANN, both existing (UDRP, WHOIS, Deletes, Transfers
etc), and any which are developed via the ICANN process in the future should
be complied with by the registry operator. Policy development Policy development
for .net should continue to take place in an open bottom-up process and all
registrars that have qualified to operate as .net registrars, must be treated
equitably by the registry operator.<br>
<b><br>
Bruce Tonkin</b> cautioned that transparency was important and Cary Karp and
Ken Stubbs suggested adding a disclaimer:<br>
"DRAFT report from the .net sub-committee in preparation for submission to the
GNSO Council" on each page of the <a href="http://gnso.icann.org/issues/dotnet/dotnet-draft-reportv2.pdf">draft
report </a>.<br>
For the next meeting, Bruce Tonkin requested an audio record.<br>
The aim is to present the Final .net report to the GNSO Council at the June
6, 2004 teleconference. <br>
</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Item 6: Any Other Business</b><br>
<b><br>
1. Update on ICANN staff support for the GNSO Council </b></font></p>
<p><font face="Arial, Helvetica, sans-serif"> <b>Bruce Tonkin</b> reported on
his conversation with Paul Verhoef on staff support who indicated that further
GNSO staff support is under active consideration. The Brucenoted that with the
current level of staff support, the amount of policy development work underway,
and the necessary reliance on voluntary participation by members of the ICANN
community, it will be difficult to meet the ICANN bylaws' timelines and this
should be made clear to the ICANN Board and the community. The Council once
more underlined the importance of the GNSO policy development processes and
the need for adequate staffing. </font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Bruce Tonkin</b> proposed giving
immediate feedback to Paul Verhoef that the GNSO Council felt that they could
not wait till August for further GNSO staff support, and called for a small
group of volunteers to seek a solution with senior ICANN staff.<br>
</font></p>
<p><font face="Arial, Helvetica, sans-serif"> <b>NOTE:</b> after the meeting,
ICANN management informed that additional staff resources for the GNSO are under
consideration, that the recruitment processes - including job descriptions -
are being drawn up, and that it is hoped that the appropriate resources will
be put in place as soon as the budget approvals allow.</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Marilyn Cade</b> mentioned that
a WSIS update was being planned for Kuala Lumpur in a timeframe allowing everyone,
including the GAC to attend.</font></p>
<p><font face="Arial, Helvetica, sans-serif"><b>Bruce Tonkin</b> reported discussions
with a ccTLD representative about joint meetings in Kuala Lumpur to discuss
internationalised domain names and Tuesday morning of the GNSO Council meeting
was proposed as an initial schedule.<br>
<br>
<b>Bruce Tonkin</b> <b>declared GNSO meeting closed and thanked everybody for
participating.<br>
The meeting ended: 12:54 UTC</b></font></p>
<ul>
<li>
<p><font face="Arial, Helvetica, sans-serif"><b>Next GNSO Council teleconference
on June 10, 2004, at 12:00 UTC</b><br>
see: <a href="http://gnso.icann.org/calendar/">Calendar</a></font><br>
</li>
</ul>
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<p> </p>
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